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Some legal templates for the transfer of land use rights and associated assets, compliant with the law, are compiled and shared by Mytour below for reference. Readers can view and use these when transferring land use rights.
Provisions on land use rights transfer contracts and various legally compliant transfer contract models.
1. Mẫu hợp đồng chuyển nhượng quyền sử dụng đất và tài sản gắn liền với đất.
2. Hướng dẫn viết hợp đồng chuyển nhượng quyền sử dụng đất và tài sản gắn liền với đất.
3. Các vấn đề pháp lý liên quan.
3.1. Hợp đồng chuyển nhượng quyền sử dụng đất công chứng ở đâu ?
3.2. Thời điểm có hiệu lực của hợp đồng chuyển nhượng quyền sử dụng đất.
3.3. Công chứng hợp đồng chuyển nhượng quyền sử dụng đất và tài sản gắn liền với đất cần những gì?
3.4. Hợp đồng chuyển nhượng quyền sử dụng đất viết tay được không ?
1. Template for the transfer of land use rights and attached properties
- Template 01: Template No. 06/HĐCN for the transfer of land use rights and attached properties
- Template 02: Transfer of land use rights contract Template No. 37
- Template 03: Transfer of land use rights contract in Word file (Template issued with Decree 02/2022/NĐ-CP)
* Download the complete set of templates for land use transfer contracts HERE
2. Guidelines for drafting land use transfer contracts and property attached to land
The contract templates provided in section 1 are fundamentally designed to include the following information:
- Information of the transferring party and the receiving party: Full name; date of birth; ID card/passport number; Address. If it is an organization, provide the organization's name; address; legal representative's information (personal details),..
- Based on the evidence of land use rights for the land plot: Clearly state usually in the form of a Certificate of Land Use Rights and Property attached to the land number....
- Property attached to the land: Explicitly list the properties such as residential houses, supporting structures, trees, workshops,....
- Clearly specify the documents proving ownership rights to the property, usually the Certificate.
- Provisions and agreed-upon terms:
+ The parties shall agree on specific rights and obligations and clearly document them in the contract. Typically, the rights of one party will be linked to the obligations of the other.
+ For unclear or differing interpretations, specific agreements on understanding must be stated in the contract to minimize potential disputes in the future.
+ In the agreement of dispute resolution issues in the contract: the form of dispute resolution. Matters related to compensation, penalties for violations, etc., depending on the agreement.
- The parties sign and clearly state their names.
When entering into a land use transfer contract, it's common for the parties to place a deposit to ensure the contract's execution. We have shared a Deposit Agreement template for your reference to understand the stipulations.
- Handwritten land use transfer contracts can also be utilized following the provided guidelines.
Land use transfer contracts and property attached to land: Content and related legal issues
3. Legal matters
3.1. Where to Notarize the Land Use Transfer Contract?
- The sale and purchase contract for land and residential properties involves real estate, therefore, the parties must visit a notary public office in the province or centrally governed city where the land or property is located.
3.2. Effective Period of the Land Use Transfer Contract
- The land use transfer contract and property attached to land is a mandatory notarized agreement (except when one or more parties involved in the transaction are real estate business entities). According to the Notarization Law, the effective time is the moment when the notary public signs and seals the professional practice.
- However, land use rights are unique assets, and the transfer must be registered with the land registration agency, becoming effective from the registration date in the land register.
=> In summary, the transfer of rights contract takes effect from the registration date in the land register.
3.3. What is required for Notarizing the Land Use Transfer Contract and Property Attached to Land?
According to Article 40 of the Notarization Law 2014:
- When notarizing the land use transfer contract and property attached to the land, the parties must prepare the following documents:
+ Notarization request form.
+ Draft of the transfer contract.
+ Certificate of land use rights and property attached to the land.
+ Personal identification documents of all parties.
+ If the land use rights belong to a married couple, the marriage certificate must be provided.
+ Any other documents as requested.
3.4. Is a Handwritten Land Use Transfer Contract Valid?
- The stipulated form for the land use transfer contract is a notarized written document. Whether handwritten or typed, it doesn't affect the legal validity of the contract. However, nowadays, handwritten contracts are seldom used due to their difficulty in content amendments and storage.
Here are some templates for land use transfer contracts and property attached to land along with drafting considerations that we provide. We hope these insights are helpful to our readers. In relation to land issues, you can also explore templates for land use conversion contracts if needed.
